Opinion
06-10-2016
The PEOPLE of the State of New York, Respondent, v. Michael T. ARTERBERRY, Defendant–Appellant.
Timothy P. Donaher, Public Defender, Rochester (Jane I. Yoon of Counsel), for Defendant–Appellant. Sandra Doorley, District Attorney, Rochester (Daniel Gross of Counsel), for Respondent.
Timothy P. Donaher, Public Defender, Rochester (Jane I. Yoon of Counsel), for Defendant–Appellant.
Sandra Doorley, District Attorney, Rochester (Daniel Gross of Counsel), for Respondent.
PRESENT: CENTRA, J.P., PERADOTTO, LINDLEY, DeJOSEPH, AND NEMOYER, JJ.
Opinion
Memorandum: Defendant appeals from a judgment convicting him upon a nonjury verdict of criminal possession of marihuana in the third degree (Penal Law § 221.20 ). Viewing the evidence admitted at trial in light of the elements of the crime in this bench trial (see People v. Danielson, 9 N.Y.3d 342, 349, 849 N.Y.S.2d 480, 880 N.E.2d 1 ), we reject defendant's contention that the verdict is against the weight of the evidence (see generally People v. Bleakley, 69 N.Y.2d 490, 495, 515 N.Y.S.2d 761, 508 N.E.2d 672 ). Here, the confidential informant testified that he had purchased marihuana from defendant at the subject apartment on more than one occasion, and the People presented evidence establishing that “defendant exercised dominion or control over the [marihuana] by a sufficient level of control over the area in which [it was] found” (People v. Mattison, 41 A.D.3d 1224, 1225, 837 N.Y.S.2d 464 [internal quotation marks omitted], lv. denied 9 N.Y.3d 924, 844 N.Y.S.2d 179, 875 N.E.2d 898 ; see People v.
Slade, 133 A.D.3d 1203, 1205, 20 N.Y.S.3d 763, lv. denied 26 N.Y.3d 1150, 32 N.Y.S.3d 64, 51 N.E.3d 575 ).
It is hereby ORDERED that the judgment so appealed from is unanimously affirmed.